Top Four Drink Driving Facts Explained

You can be jailed for drink driving 

Whilst being sent to jail is usually always the last resort for Magistrates in deciding how to sentence you for drinking, it is possible to be jailed for drink driving and we have seen it many times in various courts across Sydney and New South Wales. If you are in court for your third or fourth drink drive, are on a good behaviour bond or an intensive correction order, our advice would be to bring your toothbrush to court (as you may be going straight to jail). 

What’s the likelihood of getting a section 10 for low range drink driving, mid-range drink driving and high range drink driving

Sections 10’s can be given by a Magistrate across all drink driving charges. However, a Section 10 is aimed at offences deemed trivial in nature. For example, stopping in a no stopping zone at 2 am in a deserted street or going through a red light to avoid a child who has run out in front of you. 

We have had many successes in achieving a section 10 for drink driving across all ranges however they are often inappropriate and a Magistrate will only consider them in limited circumstances.  High range drink driving is such a severe penalty that a section 10 is extremely unlikely to be handed out by a Magistrate.

You can refuse a breath test

You are entitled to refuse a breath test and Police can’t force you to give a sample. However, we strongly suggest not refusing a breath test as the penalty is severe. Refusing a breath test (by not blowing into the device) is the same as high range drinking driving meaning you can be fined up to $3300 and lose your licence for three years.  

You can be charged for drink driving without giving a breath test 

Police can charge you for drink driving despite not giving a breath test.  They do this by charging you for driving under the influence (more commonly known as DUI).  To do this, police must prove you appeared to be affected by alcohol at the time, for example, smelling like alcohol and stumbling as you walk or sweating a lot and slurring words.

Getting legal advice as soon as possible for a drink-driving charge is important. Call Maspero Legal today on 02 8052 3322 to discuss your drink driving matter.

Our Client Reviews

Peter Watson
Peter Watson
09:47 06 Jul 18
My wife and I used Maspero Legal to draw up our Wills and power of attorney. Jeremy made the process so convenient by coming to us and he patiently answered all our questions. It was very quick and easy. I would highly recommend their services.
Christine Dyer
Christine Dyer
21:28 14 Jun 18
What a great service Maspero Legal supply. From my first phone call with Jeremy to the signing of my documents last night (that's right in my home at a time that suited me) he has been helpful, informative, friendly and polite. I would thoroughly recommend them. It was a pleasure to meet Jeremy and Hanson and finalize my paperwork. Thank you.
Josh T
Josh T
02:22 01 Jun 18
Maspero legal were very responsive and helpful from the start. I didn't expect a reply until the weekday, that's service! Having never needed a lawyer they also took the time to explain the legal process and laid out realistic expectations right from the start. Highly recommended.
Ken Reid
Ken Reid
06:43 22 Jun 18
Jeremy was knowledgeable, helpful and incredibly flexible when agreeing to meet us. He looked up additional information and was incredibly patient when we struggled with some major decisions. Would highly recommend.
James willoughby
James willoughby
10:41 16 Jul 18
Jeremy made making of our wills really an easy process, home visit makes it so much easier. Thanks ... it only took as 10 years of planning .....
Janine Starr
Janine Starr
21:41 23 Sep 18
Jeremy helped our family at a difficult time with a Saturday mobile visit. His service was great, everything was explained and he made us all very comfortable. 8 documents in all and very reasonably priced. Thank you again.
Daniel Ettenhofer
Daniel Ettenhofer
22:22 25 Jul 18
It was quite a simple process when setting up our will and enduring power of attorney with Jeremy. He came to our home at a convenient time, had documents drafted for our review and answered all of our questions. The experience was a lot easier than having to complete this via email, or visiting the solicitor in their offices.
Jessica Mackenzie
Jessica Mackenzie
09:41 25 Oct 18
My partner and I both Have been respresented by Maspero Legal and both have come out with great outcomes, would definitely recommend to anyone, easy down to earth people who are willing to listen and help out when needed.
See All Reviews
2018-12-05T11:39:50+00:00December 5th, 2018|Tags: , , , , |0 Comments